AboutDenise Expertise I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.
Expert: Denise Date: 6/28/2008 Subject: tree damage from storm
Question During a recent storm, a big branch from my neighbor's tree fell damaging my fence and grill. I do understand "The act of God" thing, but this tree is clearly not healthy. The branch that fell was 90% damaged from carpenter ants. If the tree was healthy, I feel this branch would not have fallen. Who is responsible for paying for the damage. The damage that was done is less than my deductible on my homeowner's insurance and not worth filing the claim.
Answer Hi Sheila-
Unless the tree itself was completely dead, it's very difficult to prove that the owner was negligent in not having it removed. The tree should definately come down now though, because carpenter ants being close to structures could be an invitation for them to move to another location, like your homes. Unfortunately, you are pretty much responsible unless you can prove that the owner was knowingly negligent by not having the tree removed. Sorry I can't be of more help. :) Denise
